Ordinance 1253
ORDINANCE N0. 1253
AN ORDINANCE OF THE CITY OE CUPERTINO AMENDING
CHAPTER 9.12, HAZARDOUS MATERIALS STORAGE, OF THE
CUPERTINO MUNICIPAL CODE
The City Council of the City of Cupertino does hereby ordain
that various sections of Chapter 9.12 of the Cupertino Municipal.
Code shall be amended to read as follows:
9.12.031 New Storage Facilities
U. -lonitoring Capability
All new storage facilities intended for the storage of
hazardous materials which are liquids or solids at standard
temperature and pressure (STP) shall be designed and constructed
with a monitoring system capable of detecting that the hazardous
material stored in the primary containment has entered the
secondary containment. (See Footnote.) Visual inspection of
the primacy containment is the preferred method; however, other
means of monitoring may be required by Cupertino. Where
secondary containment may be subject to the intrusion of water,
a means of monitoring for such water shall be provided. In
addition to a monitoring system a method for safely removing the
watec shall also be provided.
Whenever monitoring devices are provided, they shall,
where appliable, be connected to attention-getting visual and/or
audible alarms.
E. Separation of Materials
llateriais that in combination may cause afire or
explosion or the production of a flammable, txic, or poisonous
gas, or the deteriorakion of a primary or secondary container
shall be separated in both the primary and secondary containment
so as to avoid potential intermixing.
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F. Drainage System
Drainage by precipitation or infiltration from within a
storage facility wntaining hazardous materials which are
liquids oz solids at STP shall be controlled in a manner
approved by Cupertino so as to prevent hazardous materials fzom
being discharged. No drainage system will be approved unless
the flow of drain can be controlled and the facility contains a
means of removing the water by the owner or operator. The
removal system shall provide for a means of analyzing the
removed water for hazardous substance contamination and a means
of disposing of the water, if so crontaminated, at an authorized
disposal facility.
9.12.032 Existing Storage Facilities
D. Such monitoring devices and methods, as approved
by Cupertino, shall be installed and operating within six (6)
months of the issuance of a provisional permit in accordance
with Section 9.12.083.8 and Section 9.12.141.8.1. Cupertino may
grant an extension of this compliance date; however, such
extension shall not exceed one (1) additional year. The full
term permit may be issued when rrompliance with this subsection
has been achieved. However, all existing facilities shall be
outfitted with a monitoring system by January 1, 1985.
E. The continued use of, and permit approval for,
existing storage facilities is subject to review and
modification or termination by Cuperti~ whenever there has been
any unauthorized discharge. It shall also be reviewed by
Cupertino each time the permit is renewed. In determining
whether contnued storage in such storage facility is suitable,
Cupertino shall consider the age of the storage facility, the
methods of containment, the methods of monitoring, the
feasibility of the required retrofit, and concentration of the
hazardous materials contained, the severity of potential
unauthorized discharge, and the suitability of other long term
preventive measures which meet the intent of this Chapter. The
owner shall install a monitoring system capable of detecting
unauthorized releases.
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9.12.088 t~termination
Cupertino shall make a determination with regard to any
application fora permit, an additional approval, or a renewal,
within ninety (90) days fran the date khat the application has
been canpleted or canpliance with the appropriate provisions of
the California Environmental Quality Act (CDQA), has been
completed, whichever occurs later. This time limit may be
further extended by mutual agreenent between Cupertino and
applicant. However, all existing facilities shall be outfitted
with a monitoring system by January 1, 1985.
It!PPRODUCEO at a regular meeting of the City Council of the
City of Cupertino this lgrh day of , 1983 and
ENACTID at a regulac meeting of the City Council o the City of
Cueprtin0 this 3r~ day of ip,,,,Ar~ , 1984 by the
following vote:
Vote Menbers of the City Councii
AYES: Catto, Johnson, Rogers. Sparks, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
APPRO{TED:
~w
or, ~ y of Cuper
ATTEST:
t9~9~GL~-G~•
Lit C eck
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